S.F. 2263 Section 1. Section 614.1, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 12A. Sexual exploitation of a student with 3 a developmental disability by a college employee. An action for 4 damages for injury suffered as a result of sexual exploitation 5 by a college employee, as defined in section 709.15A, shall 6 be brought within five years of the date the victim was last 7 enrolled in or attended the college. 8 Sec. 2. Section 692A.102, subsection 1, paragraph a, Code 9 2018, is amended by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (012) Sexual exploitation of a student 11 with a developmental disability by a college employee in 12 violation of section 709.15A. 13 Sec. 3. Section 702.11, subsection 2, Code 2018, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . 0e. Sexual exploitation of a student with a 16 developmental disability by a college employee in violation of 17 section 709.15A. 18 Sec. 4. NEW SECTION . 709.15A Sexual exploitation of a 19 student with a developmental disability by a college employee. 20 1. As used in this section: 21 a. “College” means a community college, regents institution, 22 or any other public or private college or university. 23 b. “College employee” means a person employed by a college 24 full-time or part-time, or employed as a contract employee 25 at a community college, regents institution, or any other 26 public or private college or university. “College employee” 27 does not include a person enrolled as a student at a community 28 college, regents institution, or public or private college or 29 university. 30 c. “Student” means a person who is currently enrolled in 31 or attending a community college, regents institution, or any 32 other public or private college or university, or who was 33 a student enrolled in or attended such community college, 34 regents institution, or public or private university or college 35 -1- LSB 5698XS (7) 87 jm/rj 1/ 5

S.F. 2263 within thirty days of any violation of subsection 2, and who 1 has a developmental disability as defined under the federal 2 Developmental Disabilities Assistance and Bill of Rights Act of 3 2000, Pub. L. No. 106-402, as codified in 42 U.S.C. §15002(8). 4 2. a. Sexual exploitation of a student with a developmental 5 disability by a college employee occurs when any of the 6 following are found: 7 (1) A pattern or practice or scheme of conduct to engage in 8 any of the conduct described in subparagraph (2). 9 (2) Any sexual conduct with a student for the purpose 10 of arousing or satisfying the sexual desires of the college 11 employee or the student. Sexual conduct includes but is not 12 limited to the following: 13 (a) Kissing. 14 (b) Touching of the clothed or unclothed inner thigh, 15 breast, groin, buttock, anus, pubes, or genitals. 16 (c) A sex act as defined in section 702.17. 17 b. Sexual exploitation of a student with a developmental 18 disability by a college employee does not include touching 19 that is necessary in the performance of the college employee’s 20 duties while acting within the scope of employment. 21 c. The provisions of this subsection do not apply to a 22 college employee if the student is not enrolled in the college 23 where the college employee is employed, or the college employee 24 does not instruct or have direct supervisory authority over the 25 student. 26 3. a. A college employee who commits sexual exploitation of 27 a student with a developmental disability by a college employee 28 in violation of subsection 2, subparagraph (1), commits an 29 aggravated misdemeanor. 30 b. A college employee who commits sexual exploitation of a 31 student with a developmental disability by a college employee 32 in violation of subsection 2, subparagraph (2), commits a 33 serious misdemeanor. 34 Sec. 5. Section 709.19, subsection 1, Code 2018, is amended 35 -2- LSB 5698XS (7) 87 jm/rj 2/ 5

S.F. 2263 to read as follows: 1 1. Upon the filing of an affidavit by a victim, or a parent 2 or guardian on behalf of a minor who is a victim, of a crime 3 that is a sexual offense in violation of section 709.2 , 709.3 , 4 709.4 , 709.8 , 709.9 , 709.11 , 709.12 , 709.14 , 709.15 , 709.15A, 5 or 709.16 , that states that the presence of or contact with 6 the defendant whose release from jail or prison is imminent or 7 who has been released from jail or prison continues to pose a 8 threat to the safety of the victim, persons residing with the 9 victim, or members of the victim’s immediate family, the court 10 shall enter a temporary no-contact order which shall require 11 the defendant to have no contact with the victim, persons 12 residing with the victim, or members of the victim’s immediate 13 family. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill creates the criminal offense of sexual 18 exploitation of a student with a developmental disability by a 19 college employee. 20 The bill defines “college” to mean a community college, 21 regents institution, or any other public or private college or 22 university. 23 The bill defines “college employee” to mean a person 24 employed full-time or part-time or employed as a contract 25 employee at a community college, regents institution, or any 26 other public or private college or university. “College 27 employee” does not include a person enrolled as a student at a 28 community college, regents institution, or public or private 29 college or university. 30 The bill defines “student” to mean a person who is 31 currently enrolled in or attending a community college, 32 regents institution, or any other public or private college or 33 university, or who was a student enrolled in or attended such 34 community college, regents institution, or public or private 35 -3- LSB 5698XS (7) 87 jm/rj 3/ 5

S.F. 2263 university or college within 30 days of any violation of the 1 bill, and who has a developmental disability as defined under 2 the federal Developmental Disabilities Assistance and Bill of 3 Rights Act of 2000, Pub. L. No. 106-402, as codified in 42 4 U.S.C. §15002(8). 5 Under the bill, a college employee commits sexual 6 exploitation of a student with a developmental disability by 7 a college employee classified as a serious misdemeanor when 8 any of the following are found: any sexual conduct with a 9 student for the purpose of arousing or satisfying the sexual 10 desires of the college employee or the student, including 11 kissing, touching of the clothed or unclothed inner thigh, 12 breast, groin, buttock, anus, pubes, or genitals; or a sex act 13 as defined in Code section 702.17. 14 A college employee commits sexual exploitation of a 15 student with a developmental disability by a college employee 16 classified as an aggravated misdemeanor when the college 17 employee engages in a pattern or practice or scheme of conduct 18 involving any of the following: any sexual conduct with a 19 student for the purpose of arousing or satisfying the sexual 20 desires of the school employee or the student, including 21 kissing, touching of the clothed or unclothed inner thigh, 22 breast, groin, buttock, anus, pubes, or genitals; or a sex act 23 as defined in Code section 702.17. 24 The bill provides that an action for damages for injury 25 suffered as a result of sexual exploitation of a student with a 26 developmental disability by a college employee, as defined in 27 Code section 709.15A, shall be brought within five years of the 28 date the victim was last enrolled in or attended the college. 29 The bill excludes sexual exploitation of a student with 30 a developmental disability by a college employee from the 31 definition of forcible felony just as sexual exploitation by a 32 counselor, therapist, or school employee is excluded. 33 The bill requires the court to enter a temporary no-contact 34 order, upon the filing of an affidavit by a victim of sexual 35 -4- LSB 5698XS (7) 87 jm/rj 4/ 5

S.F. 2263 exploitation of a student with a developmental disability by 1 a college employee, which requires the defendant to have no 2 contact with the victim, persons residing with the victim, or 3 members of the victim’s immediate family. 4 A person who violates the bill must register as a sex 5 offender under Code chapter 692A, and is required to serve a 6 10-year special sentence under Code section 903B.2. 7 An aggravated misdemeanor is punishable by confinement for 8 no more than two years and a fine of at least $625 but not 9 more than $6,250. A serious misdemeanor is punishable by 10 confinement for no more than one year and a fine of at least 11 $315 but not more than $1,875. 12 -5- LSB 5698XS (7) 87 jm/rj 5/ 5